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BELATED FILING OF COVER SHEETS, UNDER THE UNIQUE COVID-19-RELATED CIRCUMSTANCES IN NEW YORK CITY, WAS NOT A FATAL DEFECT (DISAGREEING WITH THE SECOND DEPARTMENT) (FIRST DEPT).

The First Department, reversing Supreme Court, disagreeing with the Second Department, determined that, given the unique Covid-19-related circumstances in New York City, the belated filing of designating-petition cover sheets was not a fatal defect:

This election law proceeding involves the belated filing of cover sheets where the delay in filing is attributable to illness or quarantine because of the current COVID-19 pandemic. We hold that under the unique circumstances existing in New York City during the past few months, and the specific health challenges alleged here, the belated filing of these specific documents is not a fatal defect. In so holding, we note that no challenge has been presented to the number of signatures in the designating petitions and no claim of fraud has been alleged. Indeed, there is no evidence of specific actual prejudice presented. Although respondent Board of Elections contends that a cover sheet is necessary for administrative convenience, that cannot outweigh the right to ballot access in the current unique circumstances. Matter of Mejia v Board of Elections in the City of N.Y., 2020 NY Slip Op 02902, First Dept 5-14-20

Similar issue and result in Matter of Mujumder v Board of Elections in the City of N.Y., 2020 NY Slip Op 02903, First Dept 5-14-20

 

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